Make a request
The request form must include the following information:
1. Name of the authority or official to whom the request is submitted;
2. Applicant’s full name and the address;
3. The claim;
4. The date of submission of request and the signature of the applicant;
5. The list of attached documents (in case of existence).
To obtain public information we should submit request in written form to the relevant public institution. It is not legally required to specify grounds or purpose for requesting the public information in the request form. Oral request for public information must not be the subject of refusal, in such case the request must be documented in writing.
A public authority shall release the public information immediately or no later than 10 (ten) days, if the reply to the request of public information requires:
(a) the acquisition of information from its structural unit that operates in another area or from another public authority, and the processing of such information;
(b) the acquisition and processing of separate large documents that are not interrelated;
(c) consultation with its structural unit that operates in another area or consultation with another public authority.
A public authority shall provide availability of the copies of public information. It is prohibited to charge any kind of fee for the disclosure of public information except for the reimbursement of costs required for the reproduction of copy. The charge for a copy must be equal to the cost of its reproduction.
The applicant shall not be charged for:
- obtaining copies of his/her personal data held by a public authority;
- writing information to a CD or sending information by e-mail.
The applicant shall be immediately informed about the denial of a public authority to disclose the public information. In case of refusal to disclose the public information, the public authority shall provide the person with a written information concerning his/her rights and procedures for filing a complaint within the period of three days after the decision was made. The public authority shall also specify the structural unit or administrative body which was consulted with during the process of making a decision on the refusal to disclose the public information.
If the public authority refuses to release information, or if the released information is incomplete, the applicant has the right to appeal against the decision within the period of 1 (one) month after the receipt of refusal. The decision must firstly be appealed before a superior official or administrative body (the head of the public authority which refused to disclose the public information). If the appeal is not resolved, a lawsuit may be filed, without the execution of the abovementioned procedures the court will not accept an appeal. An exception occurs when there is no superior body to the issuer of act.
One of the criteria for accepting the suits by courts is payment of the prescribed fee. Disputes related to freedom of information are non-material disputes and are settled in accordance with rules of administrative procedures. While in accordance with the Civil Procedural Code of Georgia the official fee payable in the court of first instance is GEL 100, in the court of appeal GEL 150, and in the court of cassation GEL 300. If the dispute is settled in favor of the complainant, the complainant shall be fully reimbursed for payment of the official fee.
Procedural expenses (attorney’s costs, other technical costs, except for official fee) are covered by the parties to lawsuit, and if the party consists of several natural or legal persons the expenses are divided equally among them The manner on how to acquaint oneself with and receive the copies of public information held by public authorities are determined in Chapter III of the General Administrative Code of Georgia.